Navigating a personal injury claim can be confusing and overwhelming, especially if you have no prior experience with civil lawsuits or liability claims. For that reason alone, your claim might become compromised by a few simple missteps.
Understanding the mistakes to avoid in a personal injury claim might help you avoid setbacks in the claims process. Keep the following in mind, then contact an experienced personal injury attorney for legal assistance.
1. Delaying Medical Treatment
A compelling personal injury claim hinges on solid evidence of your injuries. You need to be able to show that the defendant’s negligence led to your injuries and other damages. However, delaying medical treatment until days or weeks after the accident might make it challenging to prove that your injuries were the defendant’s fault.
Instead, seek medical treatment as soon after the accident as possible if you are injured. Not only will this potentially aid your recovery, but it may also provide you with documentation to use as evidence in your claim.
2. Missing Filing Deadlines
Personal injury claims are subject to state-determined statutes of limitations, which dictate the amount of time after an accident you have to file a lawsuit. The statute of limitations in Alabama is generally two years from the accident date, but the statute of limitations should be analyzed on a case-by-case basis. Missing deadlines like this one might render you ineligible to seek compensation from the negligent party, depending on the details of your accident.
An experienced personal injury attorney can help you remember and adhere to all relevant deadlines in your case.
3. Ignoring Medical Advice
Along with delaying medical treatment, ignoring your doctor’s advice is another mistake that you may want to avoid in your personal injury claim. Failing to rest, keep the injured body part moving, take medications, participate in physical therapy, or complete any other actions as directed might hinder your recovery.
If this happens, the insurance company or negligent party could claim that your injuries were not as serious as you originally stated or that they are no longer responsible for your medical condition since you did not follow the advice to help you get better. Instead, follow your doctor’s orders closely, though your medical treatment typically is your decision.
4. Not Documenting the Accident Scene
In some cases, documenting the scene of the injury can be useful as you attempt to establish liability. This may involve taking photos and videos of the accident scene, writing down the contact information for any witnesses of the accident, and otherwise recording the cause and aftermath of the accident.
Once you leave the scene of a personal injury incident, valuable personal injury claim evidence may become lost. Any documentation you can collect might prove helpful later on.
5. Posting on Social Media About the Accident
Personal injury accidents are often life-altering events, and it may feel natural to share about your accident on social media. You want your friends and family members to stay in the loop about your recovery and provide any support they can. But posting about your accident on social media is one of the biggest mistakes to avoid in a personal injury claim.
The defense may monitor your social media profiles for anything that goes against what you stated in your claim. For instance, you might share a hopeful post stating that you are recovering well or feeling better; the defense could use this as evidence that your injuries are not severe.
6. Agreeing to Recorded Statements With the Insurance Adjuster
In the initial stages of your personal injury claim, you might assume that the insurance adjuster is on your side. When they call you to gather information about the claim, you might not hesitate to agree to give a recorded statement.
However, statements you make to the adjuster may be used against you during a claim evaluation and litigation. You may want to consult with a lawyer regarding giving statements such as this.
7. Accepting the First Settlement Offer
If the defendant offers to settle out of court, you might feel like you have won your case and be tempted to accept the first settlement offer they provide. However, settlement discussions provide a viable opportunity to negotiate a higher offer and potentially secure a more favorable settlement amount.
You may not want to accept the first settlement offer you receive, and instead allow your attorney to negotiate on your behalf. Insurance companies are motivated to settle out of court to avoid the expense and hassle of a lawsuit, so the defendant or insurance company in your case might be willing to increase their offer.
8. Not Hiring an Experienced Attorney
Another one of the biggest mistakes to avoid in a personal injury claim may be not hiring an experienced attorney to represent you. Initially, your case might feel straightforward, especially if you have a significant amount of evidence in your favor. This may lead you to believe that you can handle the legal process alone or that your family’s attorney can represent you, even if they do not have experience with personal injury claims.
However, it may be in your interest to hire a seasoned personal injury attorney who has experience with your type of accident case. They may be able to help you avoid mistakes like missed deadlines, inadequate documentation, delayed medical treatment, and more, providing legal representation and guidance throughout your claim.
Request a Consultation With Jackson & Foster Law
Understanding the mistakes to avoid in a personal injury claim can lower your chances of a personal injury claim rejection and improve your chances for an adequate payout. At Jackson & Foster Law, we have nearly 40 years of experience representing personal injury victims in Mobile, AL.
We provide focused, affordable representation to support clients throughout the compensation process. Contact us today at 251-433-6699 for a free consultation with our personal injury attorneys.
